Statutory Issues Related to Investigations
Homeland Security Act (contd.)

- New exception for an immediate threat to a national security interest
- New exception for an ongoing attack on a protected computer

18 U.S.C. Section 3125. Emergency Pen Register and Trap and Trace Device Installation
18 U.S.C. Section 1030. Fraud and Related Activity in Connection with Computers Installation
The Homeland Security Act also amended the Pen Registers and Trap and Trace Devices Statute by adding two new bases for an emergency pen\/trap installation. The first recognized a new exception for an immediate threat to a national security interest. The second recognized a new exception for an ongoing attack on a protected computer \(as defined in Section 1030\) that constitutes a crime punishable by a term of imprisonment greater than one year. See 18 U.S.C. Section 3125 for additional details on all of the emergency exceptions.
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